Motion NDM7214 as amended

To propose that the National Assembly for Wales:

1. Notes that:

a) the UK is currently due to leave the EU on 31 January 2020;

b) informal trade negotiations between the UK and US concerning a future trade deal has begun, which reportedly include references to the marketisation of patents/NHS drug pricing;

c) international treaties are outside the scope of powers of the National Assembly for Wales;

d) Section 82 of the Government of Wales Act 2006 allows the Secretary of State to direct Welsh Ministers to take any action required for the purposes of giving effect to any international obligation.

2. Believes that:

a) Wales’s future would be best served by continued membership of the EU and that a referendum should be held between remain and a credible leave option;

b) the Welsh NHS should not be forced by the UK Government to open up its market for greater private provision, or have increased drug costs imposed upon it as a result of any international agreement that extends patents and restricts use of generic drugs;

c) a future trade deal between the UK and the US which included provisions relating to the NHS would be a disaster for the Welsh NHS;

d) the health care system in the United States has failed to properly regulate the marketing and prescribing of Opioids, and notes that this inadequate regulatory environment has contributed to over 70,000 deaths in the U.S  from opioid overdoses in 2018, and this is just one example of the dangers of deregulation that could follow a trade agreement written in the interests of US pharmaceutical companies;

e) the UK Government should not be able to direct Welsh Ministers to take actions in devolved fields which have the potential to detrimentally affect Welsh public services.

3. Calls for:

a) The devolved institutions to have a formal role in negotiations on international agreements when devolved competence is engaged, applying at all stages of negotiations and having statutory backing.

b) A UK-wide constitutional convention to ensure that future constitutional arrangements reflect this and prevent the UK Government over-riding the National Assembly where it is acting within devolved competence.

4. Looks forward to the election of a UK Government which is fully committed to safeguarding the NHS in Wales and across the UK.